NYC Catastrophic Injury Lawyers

What is a Catastrophic Injury?

Although definitions vary, it’s generally accepted that a serious or catastrophic injury is any harm that permanently alters the victim’s life. The injury may affect your appearance, mental capacity, mobility, ability to earn income, and quality of life, as well as the quality of life of your loved ones.

Some of the most common serious injuries include:

• Amputations
• Birth and labor injuries
• Chronic pain
• Disfigurement
• Facial trauma
• Loss of hearing, vision, or another sense
• Multiple broken bones
• Neck and spinal cord injuries
• Nerve damage
• Paralysis
• Third degree burns
• Traumatic brain injuries (TBI)
• Wrongful death

Serious injuries may or may not result in permanent disability, but recovery time is typically long and often requires extended hospitalization, rehab, and treatment. According to New York Insurance Law § 5102, a catastrophic injury “prevents the injured person from performing…customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."

Any number of accidents can cause a serious injury. Frequently, serious injuries occur after:

• 
  Bike crashes
• 
  Birth injuries
• 
  Car and truck accidents
• 
  Construction accidents
• 
  Defective products
• 
  Medical malpractice
• 
  Pedestrian accidents
• 
  Premises liability

  (suffering an injury on someone else’s property)
• 
  Slips and falls
• 
  Subway accidents
• 
  Uber & Lyft crashes
• 
  Workplace accidents

New York is a Comparative Negligence State

Not all serious injury cases are black and white. There may be multiple negligent parties who share responsibility for causing harm. In some cases, the injured party is partially at fault for the accident or the extent of their injuries.

When this happens, the court will apportion the percentage of fault to each party involved. For example, a court may determine that a pedestrian who was using their phone while crossing the street is 20% at fault for their car crash injuries. Since the pedestrian is not 100% at fault, they can still sue the driver who was 80% responsible.

When multiple parties share responsibility, compensation will be adjusted to reflect the percentage of fault. If the court determines that the pedestrian in the above example is entitled to $500,000 in damages, that amount will be reduced by 20% to reflect the pedestrian’s 20% share of responsibility.

Whether or not you played a role in causing the accident, it’s important to know that personal injury defendants frequently try to defend themselves by claiming that the plaintiff’s conduct caused or contributed to their injuries. A NYC lawyer who has experience handling catastrophic injury cases will be prepared to fight this argument. They will know what evidence and expert testimony to put forth to prove that you are not wholly at fault and are entitled to compensation.

Serious Injury Victims May Be Entitled to Significant Compensation

If you or a loved one was seriously harmed in an accident, you may be able to recover damages to compensate you for expenses related to the injuries (such as medical bills) and for the pain and suffering you have experienced. The amount you can recover will vary depending on the severity of the harm, the expense of medical treatment, and the impact on your quality of life, among other factors.

You may receive damages for:

• 1Emotional pain and suffering
• 2Funeral expenses
• 3Loss of companionship
• 4Loss of quality of life
• 5Lost income and earning capacity
• 6Past and future medical care
• 7Physical pain
• 8Rehabilitation and physical therapy

Damages that can be tied to specific financial markers (e.g., lost income) will be determined based on receipts and financial estimations. Non-economic damages (e.g., pain and suffering) are more subjective and can be influenced by evidence, expert testimony, and the persuasiveness of your lawyer. New York State does not cap the amount of non-economic damages you can recover.

In especially egregious cases, the defendant may be ordered to pay punitive damages to punish them for their actions and deter them from engaging in the negligent behavior again.